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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Is the employer allowed to suspend employee...

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Is the employer allowed to suspend employee without verbal warning or written warning first
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Muroor abu dhabi
Lawyer's Assistant: Has anything been filed or reported?
They suspended 7 days but they didnt give verbal or written warning
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
And its possible after the suspension that the employee will resign and the employer will not giving the employee a schedule then the employer said that they will pay until the duration of the said resignation date

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the UAE Labor Law for the disciplinary procedures before the termination are as below:
Article 102
The disciplinary measures that an employer or his representative may impose on the workers shall be as follows:
1. Warning.
2. Fine.
3. Suspension from work with reduced pay for a period not to exceed 10 days.
4. Denial or deferment of periodical allowance, in firms applying such a scheme.
5. Denial of promotion, in establishments applying a promotion scheme.
6. Dismissal without prejudice to severance pay.
7. Dismissal with denial of all or part of the severance pay. This penalty may not be imposed for reasons other than those exclusively specified in Article 120 hereof.
Article 103
The disciplinary regulation shall specify the circumstances in which each of the disciplinary penalties referred to in the preceding Article may be imposed. The Minister of Labour and Social Affairs may issue, by ministerial resolution, a model table of disciplinary actions and rewards, to be used by employers as a guide in preparing their own lists.
Moreover, you can ask for any deduct by the labor office by filing a complaint. We advise you not to resign and stay at work to prevent the employer to ask for any compensation as below article states:
Article (116):
Where a contract is revoked by the worker for reasons other than those stipulated in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
So if you want to terminate the contract then you will be forced to pay the visa expenses, then the sponsor will ban you and you will be forced to leave the country.

الرد من العميل

If they didnt give me warning and verbal warning and suddenly a suspension I can file a complaint from them??

الرد من العميل

Can I withdraw my resignation??

الرد من العميل

Im in service for 1 year and 5 months already

الرد من العميل

They give me the suspension date feb 4 and I give my resignation letter feb 4 until march 4 duration. But they dont want me to go to work until the duration date .but they will pay for it

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

For the first paragraph, suspension from work is considered an arbitrary dismissal if the employment contract is of a limited time and the employer has terminated it for the reasons specified in the article (120)
Article (120)
he was bound The employee shall be compensated for the damage he sustained, provided that the compensation amount does not in any way exceed the total wages payable for a period of three months or the remainder of the contract, whichever is shorter, and that is all unless there is a text in the contract stipulating otherwise
** The Labor Office may also give you permission to change the workplace without the need for no objection from the sponsor if the employer is proven unfair to finish the work and what is not achieved with legal articles, especially Article (120) of the Labor Law, so we recommend that you follow up the complaint before the Labor Office
*** So you can go to the work office and file a complaint and claim all labor rights
** As for resignation and withdrawal, it can be withdrawn within a period of a week from the date of its submission, so a complaint can be filed if you are suspended from work

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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